Current Status Introducing Body:Senate Bill Number:19 Primary Sponsor:Passailaigue Committee Number:11 Type of Legislation:GB Subject:Firearms, requirements to keep Residing Body:Senate Current Committee:Judiciary Computer Document Number:19 Introduced Date:Jan 08, 1991 Last History Body:Senate Last History Date:Sep 10, 1990 Last History Type:Prefiled, referred to Committee Scope of Legislation:Statewide All Sponsors:Passailaigue Type of Legislation:General Bill
Bill Body Date Action Description CMN
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19 Senate Jan 08, 1991 Introduced and read first 11
time, referred to Committee
19 Senate Sep 10, 1990 Prefiled, referred to 11
Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-467 SO AS TO REQUIRE PERSONS TO KEEP FIREARMS IN A LOCKED CONTAINER OR OTHER REASONABLY SECURE LOCATION, OR SECURE THE FIREARM WITH A TRIGGER LOCK TO PREVENT UNAUTHORIZED AND UNSUPERVISED ACCESS TO FIREARMS BY MINORS, AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 23-31-135 SO AS TO REQUIRE RETAIL DEALERS OF FIREARMS TO PROVIDE A WRITTEN WARNING TO PURCHASERS OF FIREARMS AND TO POST A WARNING TO PURCHASERS OF FIREARMS REGARDING THE REQUIREMENT OF SECTION 16-23-467 AND TO PROVIDE A PENALTY FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 5, Chapter 23, Title 16 of the 1976 Code is amended by adding:
"Section 16-23-467. (A)
A person who stores or leaves a loaded firearm on a premise under his control, and who knows or reasonably should know that a minor may gain access to the firearm without the permission of the minor's parent, or the person having charge of the minor, or without supervision shall keep the firearm in a securely locked box or container or in a location which a reasonable person would believe to be secure, or shall secure it with a trigger lock, except when he is carrying the firearm on his body or within such close proximity that he can retrieve and use it as easily and quickly as if he carried it on his body.
(B) A person who violates subsection (A), by failing to store or leave a firearm in the required manner and as a result, a minor gains access to the firearm without the permission of the minor's parent or the person having charge of the minor and possesses or exhibits it without supervision, is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than three months.
(C) A person who violates subsection (A), by storing or leaving a loaded firearm within reach or easy access of a minor and the minor uses it to inflict injury or death upon himself or any other person, commits criminal negligence as defined by Section 16-3-60, and may be guilty of involuntary manslaughter, and may be charged with a criminal offense within Title 16. Upon conviction, the person is subject to the appropriate penalties. This subsection does not apply:
(1) if the firearm was stored or left in a securely locked box or container or in a location which a reasonable person would have believed to be secure, or was securely locked with a trigger lock;
(2) if the minor obtains the firearm as a result of an unlawful entry by any person;
(3) to injuries resulting from target or sport shooting accidents or hunting accidents provided in Section 50-1-85;
(4) to members of the Armed Forces, National Guard, or State Militia, or to police or other law enforcement officers, with respect to firearm possession by a minor which occurs during or incidental to the performance of their official duties.
When any minor child is accidentally shot by another family member, no arrest may be made pursuant to this subsection until seven days after the date of the shooting. With respect to any parent or guardian of a deceased minor, the investigating officers shall file all findings and evidence with the Attorney General's office with respect to violations of this subsection. The Attorney General shall evaluate the evidence and take action as he considers appropriate under the circumstances."
SECTION 2. Article 3, Chapter 31, Title 23 of the 1976 Code is amended by adding:
"Section 23-31-135. (A)
Upon the retail sale or transfer of a firearm, the seller shall deliver a written warning to the purchaser that states, in block letters not less than one-fourth inch in height:
'IT IS UNLAWFUL, AND PUNISHABLE BY IMPRISONMENT AND FINE, FOR ANY ADULT TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A MINOR'.
(B) A retail dealer who sells firearms shall conspicuously post at each purchase counter the following warning in block letters not less than one inch in height:
'IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE REACH OF EASY ACCESS OF A MINOR'.
(C) A person knowingly violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than five thousand dollars."
SECTION 3. This act takes effect upon approval by the Governor.